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Supreme Court of Russia resolved the issue of remuneration between bankruptcy trustees

... case on the complaint of a trustee, whose claim was rejected by the lower courts, which cited the expiration of the statute of limitations. The trustee wanted to receive a portion of the remuneration that he believed was due to him as a part of the debtor's bankruptcy case. The applicant had worked as a bankruptcy trustee for eight months, after which he was replaced by another person. Then, in the course of the insolvency procedure, the pledged property was sold, and the second trustee received ...

Supreme Court of Russia refused to attract the director to the subsidiary liability due to the confusion with timing

Supreme Court of Russia considered the case on the complaint of the former director and participant of the debtor on bringing him to the subsidy. The corresponding claim was filed by the manager, who indicated the director’s inaction, which was expressed in the failure to file a bankruptcy petition. The court of first instance dismissed the claim, the appeal ...

Supreme court of Russia outlined the situation when bankruptcy trustee does not have a right for remuneration

The highest court considered the case on the payment of remuneration to the bankruptcy trustee for participation in the debtor's insolvency proceedings. The courts of the first two instances rejected the claim, the district court satisfied, and the Supreme Court considered the actions of the anti-crisis manager insufficient to receive money. The case concerned the bankruptcy ...

Supreme Court of Russia clarified the difference between the currency of debt and the currency of payment

As a part of the insolvency case, the bankruptcy trustee applied to the court with a demand to invalidate the supplementary agreement to the lease concluded between the debtor and the creditor. The courts of three instances satisfied the application, but the Supreme Court of Russia canceled the rulings, pointing out the errors in their adoption. The question concerned a long-term lease agreement to which the parties ...

Supreme Court of Russia sided with the creditor in a situation of insufficient evidence

The highest court of Russia considered the complaint of one of the debtor's creditors, whose claim to be included in the register of creditors’ claims was rejected by the lower courts. The reason for this was the lack of the documents, confirming the debt and submitted by the applicant. However, the Supreme Court of ...

DISTRICT COURT DECLARED THE RIGHT OF CREDITORS TO CONTROL THE BANKRUPTCY TRUSTEE

The issue of the possibility of creditors’ control over the actions of bankruptcy trustee was considered within the framework of the insolvency case of the debtor. At the same time, the opinions of the judges turned out to be different, and the district court put an end to the case, having agreed with the court of first instance. The issue concerned the inaction of a bankruptcy trustee, who did not take ...

Supreme Court of Russia clarified the features of termination of pledge in bankruptcy

Economic Board of the supreme court of Russia considered the case on the complaint of a bankruptcy trustee of the debtor, who expressed disagreement with the position of the lower courts. The question concerned the pledged property, which the trustee intended to sell at the auction, and the debtor indicated the presence of the burden in the form of a pledge. The ...

Supreme Court of Russia ordered to check what will be left to a retiree after the debt recovery

The Supreme Court of the Russian Federation considered the complaint of a retiree from Krasnoyarsk, who did not have enough money to live on after a monthly settlement with creditors. The amount of the debt was about 500 thousand rubles, and the debtor himself was a retiree and a disabled person. When considering the case, the Supreme Court of Russia pointed out the importance of examining the circumstances and sources of income of the debtor separately in each case. This must be done in order ...

The Supreme Court of Russia canceled the conclusion of amicable agreement due to the negligence of judges

... agreement in the proceedings related to the insolvency case. The lower courts did not see any violations of the applicant's rights, but the Supreme Court sided with the bank. The dispute arose against the background of the bankruptcy of an individual. The debtor citizen was a member of the company with 100% of the shares, which was sold by him to a third party. The bankruptcy trustee challenged the deal and succeeded in declaring it invalid, but before the entry of the judicial act into the force, the ...

THE COURT: CREDITOR'S DOUBTS ABOUT ACCURACY OF PAYMENT OF CURRENT PAYMENTS MUST BE DISPELLED BY BANKRUPTCY TRUSTEE

... rejected it, however, the district court found that the colleagues did not understand the situation sufficiently and canceled their decisions. The applicant's arguments boiled down to the fact that the legal entity that sold the right to claim against the debtor and the debtor himself were affiliated persons. Consequently, upon establishing this fact, there were grounds for downgrading the claims of the company that bought the rights under the cession agreement. The District Court, considering the complaint,...

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